Filed: Apr. 10, 2018
Latest Update: Apr. 10, 2018
Summary: ORDER REGARDING PLAINTIFF'S NOTICE TO VACATE ACTION AND ESTOPPEL DERRICK K. WATSON , District Judge . Plaintiff Phillip B. Kriege, proceeding pro se, initiated this case on June 17, 2016 against the State of Hawaii Consumer Protection Division and its employees Gregg N. Morimoto, Michael A. Nuss, and Mark S. Kawata, as well as Iron Horse Towing and its principals Brenda Ortez Parks and Harley Parks, alleging violations of his federal civil rights, fraud, and breach of the "duty of protectio
Summary: ORDER REGARDING PLAINTIFF'S NOTICE TO VACATE ACTION AND ESTOPPEL DERRICK K. WATSON , District Judge . Plaintiff Phillip B. Kriege, proceeding pro se, initiated this case on June 17, 2016 against the State of Hawaii Consumer Protection Division and its employees Gregg N. Morimoto, Michael A. Nuss, and Mark S. Kawata, as well as Iron Horse Towing and its principals Brenda Ortez Parks and Harley Parks, alleging violations of his federal civil rights, fraud, and breach of the "duty of protection..
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ORDER REGARDING PLAINTIFF'S NOTICE TO VACATE ACTION AND ESTOPPEL
DERRICK K. WATSON, District Judge.
Plaintiff Phillip B. Kriege, proceeding pro se, initiated this case on June 17, 2016 against the State of Hawaii Consumer Protection Division and its employees Gregg N. Morimoto, Michael A. Nuss, and Mark S. Kawata, as well as Iron Horse Towing and its principals Brenda Ortez Parks and Harley Parks, alleging violations of his federal civil rights, fraud, and breach of the "duty of protection." On March 12, 2018, the Court granted defendant Morimoto's Motion for Judgment on the Pleadings and permitted Kriege limited leave to file an amended complaint by no later than April 9, 2018. Dkt. No. 86 (3/12/18 Order).1 Instead of filing an amended complaint, on April 9, Kriege filed a Notice to Vacate Action and Estoppel ("Notice"), which states in part, that Kriege "hereby vacates this action to produce estoppel." Notice, Dkt. No. 87. The Notice further indicates that, "[t]his action is hereby STAYED IN PROCEEDINGS and VACATED without leave. Thank you for your cooperation. No further action needs [to be] taken." Id. Although not entirely clear, it appears that Kriege intends by his Notice to voluntarily dismiss this action, and does not intend to file an amended complaint.
Because the Court is unable to determine with certainty whether, in fact, Kriege intended by his Notice to voluntarily dismiss this action, the Court DIRECTS Kriege to notify the Court of his intent by no later than April 25, 2018, to either (1) voluntarily dismiss this action, or, alternatively; (2) to proceed with this action by filing an amended complaint in accordance with the 3/12/18 Order. The Court further CAUTIONS Kriege that if he does not respond to this Order, the Court intends to enter an order dismissing this action without prejudice for failure to prosecute and/or comply with a court order pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
